A personal injury case is a type of lawsuit in which a person claims someone else is to blame for their injuries.Medical malpractice, slip-and-fall cases, automobile accidents, and any case in which you were injured because someone else was at fault are all types of personal injury cases.There will be different personal injury cases.Whether the defendants were at fault or not is one of the legal issues.It is possible to be compensated for the pain and suffering you have experienced.
Step 1: The accident should be documented.
To bring a personal injury lawsuit, you will need to prove that the other person injured you.You need evidence of what happened and what injury you suffered as a result.Write down everything that happened before, during, and after the accident.It is important to write everything down when it is fresh in your mind.Take all circumstances into account.When you were injured, write down the time of day, the weather, and who was with you.The person who caused your injury acted after.Did he apologize or admit fault?Did the person offer to pay your medical expenses?Some of these statements could be used in a settlement negotiation.
Step 2: Look for witnesses.
Look for people nearby who may have seen what happened if you are able to move around after the injury.If you were with a friend or family member at the time of your injury, ask them to look for anyone who saw the injury.You should not wait; memories fade quickly.Ask witnesses if they would be willing to give a brief statement about what they saw.Contact information for each witness should be written down.Get your full name, address, and phone number.If your case goes to trial, witness testimony will be important.Third party witnesses are often trusted by jurors because they are not invested in the outcome of the case.
Step 3: Take a picture of the scene of your injury.
If you can, take photos of the area where you were injured.If the area where you fell is dangerous on its own, photos are important.You want to take a picture of the dangerous condition before the property owner has a chance to fix it.If you can't get to the scene of the accident, ask a friend or family member to go.Take photos at different angles.It's a good idea to take a picture of the area when you were injured.If you were injured at night, take pictures of the scene.
Step 4: Take pictures of your injuries.
Photographs of your body can be used to document the injuries you have suffered.It can take months to get to a trial.You could have a different injury by that point.Soon after the accident, your injuries will appear more dramatic.A strong impression can be made by photographs of this type.
Step 5: You need to see a doctor.
If your injuries are not severe, you should see a doctor.Your doctor will know what to look for when injuries are not immediately visible.Useful medical documentation will be created by your doctor's visit.The doctor will help establish Causation that the actions of the defendants caused your injury.You should choose a traditional M.D. when choosing a doctor.Stay away from alternative medical practitioners.Obtain copies of records, diagnoses, and reports.
Step 6: Follow your doctor's treatment.
One defense to personal injury claims is that the injured person's conduct after the accident made the injury worse.You should always follow your doctor's instructions.Stay in bed if the doctor orders it.The defendants will try to find evidence that you have not been following the treatment you were prescribed.If the defendants are at fault, a failure to mitigate your damages won't bar recovery.It can lower the amount of damages you get.
Step 7: Don't forget to keep a diary.
Write down how you are feeling in a notebook.Take into account your mood, energy level, and ability to sleep.You will want to create your own record so that you can use it at trial.You should note any changes to your relationship with your spouse.You can be compensated for the loss of consortium.
Step 8: List attorneys in the area.
You can find personal injury lawyers by looking in your local yellow pages or using an online phone directory.You can use your favorite search engine to find personal injury lawyers in your area.You would want to search for personal injury attorneys in Alabama.You can find a local personal injury attorney by calling your state bar association or visiting their website.You can find your local bar association on the website of the American Bar Association.
Step 9: Referred to get more referrals.
People who have brought their own personal injury lawsuits should be questioned about their attorney.To find out how easy it was to communicate with the attorney, ask her courtroom style and how prepared she was.Check online reviews.There are many websites that offer free reviews of businesses.Lawyer reviews can be found at Find Law, Avvo, and Yahoo Local.Look at their records.Public records about complaints and actions taken against attorneys licensed to practice in the state are kept by state bar associations.
Step 10: Each attorney has a website.
If you don't have a website address for any of the attorneys, it's a good idea to run a search for their name, phone number, or address in your favorite search engine and see if you can locate one.Then look at each attorney's website.There are some things that you want to look for.Maybe that attorney isn't for you if you see a lot of spelling errors.Ensuring that those writing content for his or her website can use proper spelling andgrammar is something an attorney should be able to do.There is information on the attorney.Attorneys who have been working in personal injury law for a long time are more knowledgeable about immigration law.You should look for a personal injury attorney with at least three to five years of experience.Personal injury specialists can be identified.Some states allow attorneys to list any certificates they have earned in their specialty.The information should be on the attorney's website.
Step 11: You can meet for a free consultation.
Free consultations are offered by most attorneys.You should bring your medical records so that you can discuss the incident with your doctor.Permanence of injury is one of the factors the attorney will look at to determine if you have a strong case.A jury is more impressed by an injury that is permanent.Your medical history.When the injury occurred to the same body part, it can reduce the value of a claim.Your criminal record.A person with a felony conviction is less sympathetic to juries.The assets of the person.If the person who injured you has no money or insurance, you can't bring a lawsuit.Whether the injury was intentional.Punitive damages are meant to punish the person who hurt you for willful and wanton conduct.
Step 12: Discuss the fees.
Most personal injury attorneys work on a contingency fee basis.The attorney doesn't get paid unless you win.40% of the jury award will go to the attorney if you win.You will still have to pay for the litigation.Fees for expert witnesses are included in the costs.They can run a lot of money.You should talk to the attorney about the fees.
Step 13: Ask for a referral.
If the attorney can't take your case, ask if he knows any experienced personal injury attorneys you could meet with.The attorney may have a conflict that prevents her from representing you.Unless the attorney says otherwise, don't assume that you have a weak case because the first attorney declines to represent you.
Step 14: Evidence of economic loss can be gathered.
It is possible to be compensated for lost work wages and medical care.The amount of money spent on health care should be shown in the evidence you gather.You can recover for future lost wages if your injury is irreversible.You can recover damages for pain and suffering, as well as loss of consortium and enjoyment.Recovering for property damage is also possible.Damage to the car can be recovered if someone strikes it.
Step 15: You can file the complaint.
Your attorney will draft a complaint and file it with the court.The legal theories that support the lawsuit are laid out in the complaint.The relief that you are requesting is also stated.In a personal injury suit, your complaint will usually state that the defendants negligently caused your injury, meaning that they did not exercise the required reasonable care.Your attorney will serve a copy of the complaint on the defendants.You should get a copy of your records as well.
Step 16: You should engage in discovery.
Once a lawsuit begins, both parties are able to request evidence from each other in a process called "discovery."They can ask the other party to answer questions in writing.When she gets the defendants discovery requests, your lawyer will contact you.If your attorney doesn't already have copies of your medical records, you may have to give them to the other party.Promptly reply to your attorney's requests.Delay prolongs the lawsuit.
Step 17: Sit down for a deposition.
During a deposition, witnesses can be asked questions by each party.Depositions are usually held in a lawyer's office.A court reporter is often present to record the testimony of a witness.You should expect to be deposed.A mock deposition is a good way to prepare for your deposition.Your attorney will question you about the incident during the deposition.She should practice being aggressive and laid back.Speak slowly and carefully during the deposition.Say so if you don't know an answer.It is important not to guess when answering a question because statements can be used against you in court.Don't talk to opposing counsel before, during or after the deposition.Normal pleasantries are sufficient.
Step 18: Go for a medical exam.
When you claim that you have been injured, the defendants insurer can often request you attend an independent medical exam.The defendants don't want to pay you money for your injury if they can avoid it.He can reduce the amount of damages if he challenges the severity of your injuries.Don't take a doctor's skepticism personally and try to stay positive.Do you smoke, drink, or do drugs?Do you engage in dangerous activities?Don't volunteer information if you answer all questions honestly.The doctor should not be allowed to take x-rays or psychological tests.Don't call your lawyer if the doctor insists.Ask for a copy of the report.
Step 19: There is a motion for summary judgment.
After the close of discovery, the defendants may file a motion for summary judgment.The case can only be decided by the judge on the law if there are no genuine issues of material fact for the jury to decide.You can file a motion for summary judgment, but it is rarely granted.It is almost always a question for the jury if the defendant exercised reasonable care in a negligent manner.Discuss the possibility of a summary judgment motion with your attorney.How will she defend against one?
Step 20: Consider a settlement.
The case will go to a trial if the defendants lose a summary judgment motion.Settlement talks are likely to be reached by the defendants.Even if the defendants don't initiate settlement negotiations, you can always suggest them yourself.Both parties meet with their lawyers in settlement negotiations.Your lawyer should be able to tell you how much your injuries are worth.Ask him if he hasn't already told you.Discuss with your lawyer what his strategy is.You will want to aim high and expect the defendants to counter with a lower amount.As they negotiate, the attorneys will talk about the strengths and weaknesses of the case.Settlement has many benefits.You are more likely to get money in a settlement if you go through a trial.The costs of litigation are reduced by early settlement.If you lose at trial, you would get nothing.Your attorney can't accept a settlement without your consent.You can't decide when and if to accept a settlement offer.Your attorney must let you know if he agrees or disagrees with a settlement offer.
Step 21: Consider the use of mediation.
In mediation, the two parties meet with a neutral third party who works to find areas of agreement between them.The two parties will agree to a fair settlement if the process is successful.In mediation, each party can speak directly to the mediation in the presence of the other party.The mediation helps the parties reach a settlement they can both agree on.The parties can see the issues more clearly if they have an outsider look at the case.Call your local courthouse or bar association to find out if they have mediation programs.The costs of mediation are usually less than long and drawn-out litigation.The cost of mediation can be divided between the two parties.
Step 22: You have to pick a jury.
Pick a jury is the first thing you will do.The judge will summon a panel of about 12 from the pool of jurors.The purpose of voir dire is to uncover which jurors can be impartial and which are biased.Attorneys can challenge jurors for cause, such as admitted bias, if the judge excuses them on her own initiative.Peremptory challenges allow attorneys to strike jurors without giving a reason.A bench trial is possible.The judge will make a decision here.Attorneys pick a jury.Discuss this option with your attorney.
Step 23: The opening statement should be delivered.
Each side outlines their proof to the jury during the opening statement.The opening statements are not evidence.The jury is told what each side expects the evidence to be.Your attorney should lay out a plan for what evidence she will present during the trial in her opening statement.
Step 24: Questions witnesses and present evidence.
The witnesses will be presented first.In direct examination, the side that called the witness asks questions.The side that did not call the witness can ask questions during the cross examination.Records, weapons, and photographs are admitted into evidence and numbered for identification.If an attorney objects to a question, he presents his objection to the judge.Questions of legal technicality can be argued out of the jury's presence.
Step 25: Testify.
You are likely to be called to testify.Your attorney should have helped you prepare by doing a mock examination and cross-examination.Don't be frightened on the stand and remain calm.Look at the jurors when answering questions.Look the part, do not answer with a nod or sounds that are not words.If you want to dress professionally, wear conservative colors, such as black or blue, and wear dress slacks and a freshly-pressed dress shirt or blouse.Don't wear flashy jewelry.
Step 26: The closing argument should be delivered.
Attorneys summarize the evidence and try to convince the jury to in favor of their client during closing argument.The chance to open and close the arguments is given to the person who has the burden of proof.If jurors suddenly spend a lot of time looking at you during the closing argument, you should expect your attorney to refer to your injury often.An effective closing argument can appeal to the jurors.If your attorney does his job right, they may be brought to tears.The closing argument may be run by you.You are free to give honest feedback.
Step 27: Wait for the decision.
The judge will read the instructions of law to the jury after the case is over.The jury deliberates.In state court, juries don't have to reach unanimous verdicts in civil lawsuits.If a majority of jurors decide for her, many states allow her to recover.If you have a civil jury with 12 jurors, you don't need a lot of jurors to agree with you.